Food Defects

Food poisoning or defects in foods affects millions of people each year in the US. It is estimated that about 300,000 people are hospitalized from food borne illnesses with around 5,000 fatalities that are directly related to consuming contaminated food.

Most at risk are small children, seniors and those with serious medical conditions such as diabetes, pneumonia or other conditions that have affected their immune systems. Injury claims regarding food poisoning or defect claims come under product liability law and are presented pursuant to the rules regarding proof and culpability.

If you have suffered a serious injury after eating contaminated food, contact the injury lawyers in San Jose at The Law Offices of Alex G. Tovarian.

Examples of Food Poisoning or Defects

Food contamination can lead to many serious illnesses and condition such as:

  • Salmonella
  • Hepatitis A
  • E. coli
  • Listeria monocytogenes
  • Campylobacter jejuni
  • Norovirus
  • Cyclospora

Contracting any of these conditions can be life-threatening or lead to permanent injury to internal organs.

Causes of Food Defects

Contaminated food can come from a variety of causes. Poor sanitary practices are mostly to blame along with chemical contamination and negligent storing of food. An employee with a communicable disease in a restaurant or who handles food in a processing plant can cause havoc by infecting hundreds or thousands of people or who come into contact with any food handled by the employee.

Employees are required to wash their hands after leaving a restroom and to thoroughly clean surfaces after removing raw meat from them, though these practices are not always followed. Washing food in water contaminated by human or animal waste can obviously lead to poisoned food.

Common Symptoms of Food Poisoning

The symptoms of food poisoning are extremely unpleasant. These include diarrhea, vomiting, extreme nausea, high fever, blood in your stool and dehydration. If you suffer from any of these symptoms after returning from a restaurant or have been notified that certain foods that you ingested have been recalled, immediately contact your physician or go to an emergency room.

Proving Liability

Proving that a particular food or restaurant was the cause of your injury can be difficult. A restaurant or food processing plant has a legal duty to provide a product or food that is safe to eat. If a restaurant serves food that is contaminated, usually a number of people will become ill. Injured parties can use the principles of strict liability if they can show they were contaminated by a certain food and that it caused the illness. Usually, a hospital can provide the needed information. Once that is demonstrated, you can bring a food poisoning, or product liability claim, against the restaurant or food processing plant.

Contact The Law Offices of Alex G. Tovarian

Food contamination cases can cause serious and permanent injury if not death in some cases. You may lose time from work and incur thousands of dollars in medical expenses as well as substantial pain and suffering.

Restaurants and food handlers have much at risk if they admit to defective practices in food handling or allowing contaminated food to be served to the public. The personal injury lawyers at The Law Offices of Alex G. Tovarian have successfully handled food defect and other product liability cases and have the resources and experience to get you the compensation you deserve.

Call us today for a free, confidential consultation and evaluation of your claim.